Tennessee Code 16-15-706 – Infants or incompetents – Representation
Current as of: 2024 | Check for updates
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Terms Used In Tennessee Code 16-15-706
- Fiduciary: A trustee, executor, or administrator.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
Whenever an infant or incompetent person has a representative, such as a general guardian, conservator or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative, or if justice requires, the infant or incompetent person may sue by a next friend. The court shall appoint a guardian ad litem to defend an action for an infant or incompetent person who does not have a duly appointed representative, or whenever justice requires. The court may, in its discretion, allow the guardian ad litem a reasonable fee for the guardian’s services, to be taxed as costs.